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GOODWIN v. FURR

No. 1:97CV01309.

25 F.Supp.2d 713 (1998)

James Richard GOODWIN, Jr. and the State of North Carolina, ex rel. James Richard Goodwin, Jr., Plaintiffs, v. Dale FURR, Sheriff of Richmond, Deputy Sheriff Brian Thorpe and Deputy Sheriff Larry Harrelson individually and in his official capacity, the County of Richmond, and Western Surety Company as surety, Defendants.

United States District Court, M.D. North Carolina.

October 29, 1998.

Attorney(s) appearing for the Case

Henry T. Drake, Wadesboro, NC, J. Bryan Plumlee, Henry T. Drake & Associates, Wadesboro, NC, for Plaintiffs.

W. Clark Goodman, Womble Carlyle Sandridge & Rice, Charlotte, NC, for Defendants.

MEMORANDUM OPINION AND ORDER

ELIASON, United States Magistrate Judge.

This case comes before the Court on a motion to dismiss by defendant Richmond County (hereinafter the County), pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. Richmond County Deputy Sheriffs Brian Thorpe and Larry Harrelson seek dismissal, pursuant to Fed.R.Civ.P. 12(b)(2), and (5), for lack of jurisdiction over the person, and insufficiency...

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